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Sid (NA)     25 April 2014

Cheating borrowers

Hi,

I had lent a big amount say Rs. X to a close friend about 10 yrs ago. I was receiving the interest amounts regularly. But since past 2+ yrs havent received a single penny from him. I dont have any agreement or any legal document signed as a proof. Only proof I have is that I have been receiving regular interest payments from him.

Now when I ask him for the money he makes excuses. Looks like he doesnt want to return the amount.

What can I do to recover this money ? Can I take a legal course of action ? How strong is my case ?

Any guideline/ help is appreciated.

 

Thanks.



Learning

 10 Replies

HIRAL THAKKAR (ADVOCATE )     25 April 2014

Was any written agreement signed between you and your friend or a promisory note provided by your friend?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 April 2014

Send a proper legal notice for recovery of money with full iformation. If he admit your version, And wait for his reply notice. Then you can proceed filing money recovery suit.

Mahesh R. Sonawane (Lawyer/Fight for justice)     25 April 2014

 

You have to send notice to him for principal amount with interest and file suit for recovery of principal amount with interest.

Sudhir Kumar, Advocate (Advocate)     26 April 2014

what was mode of payment of interest.

Sid (NA)     26 April 2014

Originally posted by : HIRAL Thakkar

Was any written agreement signed between you and your friend or a promisory note provided by your friend?

Hi Hiral,

No. There wasnt any written agreement signed. Also, it was on his firm's name and not his own name.

The interest payments were done through cheques which I can prove. Could you suggest what course of action should I take ? Also, is there a time limit within which I need to send him a legal notice or something since the last interest payment. Last payment was done like 2+ yrs ago.

Any suggestion is appreciated !

Thanks.

Sid (NA)     26 April 2014

Originally posted by : ramachary64@gmail.com

Send a proper legal notice for recovery of money with full iformation. If he admit your version, And wait for his reply notice. Then you can proceed filing money recovery suit.

Hi Ramachary,

Thanks for your response. Really appreciate it.

The loan was given on his firm's name and his firm with that name is shut now. I am not sure if he's declared bankruptcy. (I am not sure what are bankruptcy laws). This could be one of the reasons why he isnt paying much heed. Is there a way I could find out whether he's declared bankruptcy on the firm. Also, what are ways I can recover a loan amount given to a firm if thats shut down.

Thanks again for you suggestion.

Sid (NA)     26 April 2014

Originally posted by : Mahesh R. Sonawane

 

You have to send notice to him for principal amount with interest and file suit for recovery of principal amount with interest.

Hi Mahesh,

Thanks for your response. Really appreciate it.

The loan was given on his firm's name and his firm with that name is shut now. I am not sure if he's declared bankruptcy. (I am not sure what are bankruptcy laws). This could be one of the reasons why he isnt paying much heed. Is there a way I could find out whether he's declared bankruptcy on the firm. Also, what are ways I can recover a loan amount given to a firm if that is shut down.

Thanks again for you suggestion.

Sid (NA)     26 April 2014

Originally posted by : Sudhir Kumar

what was mode of payment of interest.

Hi Mr. Sudhir,

The mode of payment of interest was through cheques. I am not sure if you will be able to see my responses to questions asked by others.  There is another thing I wanted to highlight -

-----

The loan was given on his firm's name and his firm with that name is shut now. I am not sure if he's declared bankruptcy. (I am not sure what are bankruptcy laws). This could be one of the reasons why he isnt paying much heed. Is there a way I could find out whether he's declared bankruptcy on the firm. Also, what are ways I can recover a loan amount given to a firm if thats shut down.

Thanks again for you suggestion.

 

T. Kalaiselvan, Advocate (Advocate)     27 April 2014

Though the loan is barred by limitation as of the present date, the payment of interest made by him through cheque mode may be taken as renewal and reactivation of loan. Therefore, though his firm is closed, since he was the owner of his firm, send him a legal notice narrating the details and demand the loan repayment as well as the balance of interest amount to be paid by him, even if acknowledges the notice or not, you may proceed with recovery of money through a civil suit.  Do not worry about his bankruptcy or anything let him tell that in the court while defending himself.

Sid (NA)     27 April 2014

Hi Mr. Kalaiselvan,

Thanks for your response. If I file a suit do you see a possibility of rejecting the suit by courts? 

Do you think I have a strong case ? Also from your experience how long would the case run from your past experience ?

Thanks.

 


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